MILLER ELECTRIC COMPANY OF MIAMI, INC. v. SWEENY

No. 66-600.

199 So.2d 734 (1967)

MILLER ELECTRIC COMPANY OF MIAMI, INC., a/K/a Miller Electric Company of Miami, Florida, Appellant, v. Joseph A. SWEENY, As Trustee et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 10, 1967.


Attorney(s) appearing for the Case

William D. Fabing and Charles J. Crowder, So. Miami, for appellant.

Sibley, Giblin, Levenson & Ward, Miami Beach, for appellees.

Before HENDRY, C.J., and CHARLES CARROLL and SWANN, JJ.


HENDRY, Chief Judge.

Miller Electric Company of Miami, Inc., one of the defendants below, appeals from a final decree in foreclosure.

On January 18, 1966, plaintiff, Joseph A. Sweeny, as trustee filed a complaint to foreclose a mortgage dated September 21, 1964, and recorded on October 5, 1964. In its answer, Miller Electric alleged that if plaintiff has any right, title or interest in the property known as the Taj, it is subordinate and inferior to Miller...

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